Harvey Weinstein Retrial Begins with Female Jury
Opening statements are set to begin Wednesday in the sexual assault retrial of disgraced film producer Harvey Weinstein, with a jury composed mostly of women set to weigh the landmark #MeToo case.
After days of selection, the final panel consists of seven women and five men, along with six alternates—a shift from the five-woman, seven-man jury that convicted Weinstein in 2020. That verdict was later overturned by New York’s highest court, which ruled that the original trial included prejudicial testimony from witnesses not directly tied to the charges.
Weinstein, 73, has pleaded not guilty and denies all allegations of rape and sexual assault.
The Jury and Selection Process
The 12 jurors, drawn from Manhattan’s jury pool, include professionals from diverse fields—a physics researcher, a photographer, a dietitian, a therapist, an investment bank software engineer, and a fire safety director, among others. Some hold advanced degrees, while others have high school equivalency diplomas. Several have prior jury experience; others do not.
Hundreds of potential jurors were dismissed due to language barriers or strong opinions about Weinstein. One dismissed man admitted, “The first word that came to my mind was ‘pig.’”
Prosecutors and defense attorneys questioned candidates extensively about their ability to remain impartial in the high-profile case. Defense lawyer Mike Cibella pressed one prospective juror on whether graphic testimony would bias her against Weinstein. She said no and was ultimately selected.
Prosecutor Shannon Lucey asked potential jurors whether they could set aside any personal views on the #MeToo movement while deliberating. All indicated they could.
The Charges and Legal Strategy
Weinstein faces charges involving three women: an aspiring actress who alleges he raped her in 2013, and two others who accuse him of forced oral sex in 2006. One of the women did not testify in the first trial.
Prosecutors are expected to argue that Weinstein used his Hollywood influence to coerce women into sexual encounters. They may call experts to discuss the psychological impact of assault.
The defense, meanwhile, is likely to challenge inconsistencies in the accusers’ accounts. In the 2020 trial, emails from one accuser, Jessica Mann, suggested a seemingly friendly relationship with Weinstein.
Weinstein was separately convicted of rape in California in 2022, though he has appealed that decision. If he testifies in New York, prosecutors may reference his criminal record but not the details of the California case.
A Test for #MeToo Accountability
The retrial marks another pivotal moment for the #MeToo movement, which gained momentum in 2017 after numerous women accused Weinstein of misconduct. Lindsay Goldbrum, a lawyer for one of the accusers, emphasized the broader significance of the case:
“It’s important that we see justice for all the women who have come forward against Harvey, not just those who’ve testified,” she said.
Weinstein, who suffers from bone marrow cancer and underwent emergency heart surgery last year, will remain at Bellevue Hospital during the trial rather than Rikers Island. The trial is expected to test whether prosecutors can secure a conviction with fewer accusers than in the first trial—three instead of six.
Opening arguments begin Wednesday before Judge Curtis Farber, who has stressed the need for impartiality given the case’s intense media scrutiny.